Divorce

Hiring an attorney to evaluate and deal with these issues during your divorce provides you with reassurance that you will receive all that you are entitled to. Having an attorney negotiate these issues can also save you money and time and avoid the necessity of a trial. 

 

Should you and your spouse not be able to reach a fair agreement then Attorney Alvarez is prepared to zealously advocate for you.  

 

Several issues that arise during the process of Divorce:

  • Alimony- Based on need, ability to pay, and standard of living during the marriage. Several factors are assessed when determining if someone should receive or pay alimony. 
  • Child Support- based on the parties combined net income and obligation as determined by the State of Florida. 
  • Time sharing issues with the children- based on the child’s best interest. 
  • Division of assets- based on equitable distribution and the determination of which assets are marital and non-marital. 
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Child Support, Alimony or Time Sharing

Modification of an original action requires a substantial and material change in circumstances since the final judgment. Modification actions may depend on the following factors:

  • Remarriage
  • If the party awarded alimony has entered into a significant relationship. 
  • Change in income
  • Criminal history

Establishing Paternity

If the parents of a child were not married to each other at the time that the child was born then the child does not have a legal father unless paternity is established.

 

Paternity can be established by operation of law should the father sign a notarized voluntary acknowledgment of paternity or voluntary acknowledgment of paternity, which is witnessed by two individuals and signed under penalty of perjury, or by the Department of Revenue Child Support Enforcement for child support purposes only, or by a court of law after a DNA test establishes the identity of the father. 

 

Establishing paternity gives you the ability to set a parenting plan which will include a time sharing schedule for the child as well as seek a court order for child support.



Prenuptial Agreement

Prenuptial agreements (also called Antenuptial Agreements or Premarital Agreements) are signed by future spouses prior to entering into marriage.  A Prenup can protect assets by providing that a party will not get property or assets which they might otherwise get if no agreement was entered into. A Prenup may also avoid the payment of alimony no matter how long a marriage lasted.    Prenups must conform to the established Florida law or they can be invalidated.  A Prenup should be given to the other party well before the date of the marriage in order to avoid invalidation. 

 

Hiring an attorney to draft a Prenup helps to ensure that the agreement will not be the subject of litigation and possibly be thrown in the event of a divorce. 


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